SRI ANTHONY ALIAS ANTHONY SWAMY versus THE MANAGING DIRECTOR, K.S.R.T.C.

SRI ANTHONY ALIAS ANTHONY SWAMY versus THE MANAGING DIRECTOR, K.S.R.T.C.

The High Court erred in reducing the disability assessment without reasoning; because PW3 found 75% physical functional disability of the left leg rendering the appellant permanently incapable of his vocation, loss of future earnings must be calculated based on that 75% physical disability. Applying monthly income Rs.5,500 with multiplier 14 yields Rs.6,93,000 for future earnings; future medical expenses and loss of amenities were inadequate and were enhanced, and the total modified award is Rs.11,97,350 with interest at 6% from date of petition till realization.

Parties
Appellant: Sri Anthony alias Anthony Swamy; Respondent: The Managing Director, K.S.R.T.C.
Jurisdiction
India
Judgment Date
10 June 2020
Procedural Posture
Civil Appeal / Final Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Permanent Physical Functional Disability, Assessment of Loss of Future Earnings, Future Medical Expenses, Loss of Amenities
Motor Vehicles Act, 1988 Compensation Personal Injury Permanent Physical Functional Disability Assessment of Loss of Future Earnings Future Medical Expenses Loss of Amenities

Case Brief

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Parties

Sri Anthony alias Anthony Swamy

Appellant

The Managing Director, K.S.R.T.C.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court erred in reducing the disability assessment from the treating doctor's 75% for the left leg (37.5% of whole body) to 25% of the whole body without reasoning
  2. 2 Proper method to compute loss of future earnings where claimant is permanently incapable of his prior manual vocation
  3. 3 Adequacy of award for future medical expenses and loss of amenities

Ratio Decidendi

The High Court erred in reducing the disability assessment without reasoning; because PW3 found 75% physical functional disability of the left leg rendering the appellant permanently incapable of his vocation, loss of future earnings must be calculated based on that 75% physical disability. Applying monthly income Rs.5,500 with multiplier 14 yields Rs.6,93,000 for future earnings; future medical expenses and loss of amenities were inadequate and were enhanced, and the total modified award is Rs.11,97,350 with interest at 6% from date of petition till realization.

Court Disposition

Appeal allowed

Orders

  • The award of the High Court is modified and recalculated to a total of Rs.11,97,350
  • Amounts awarded under various heads: Pain and sufferings Rs.1,00,000; Medical expenses Rs.7,350; Attendant charges Rs.21,000; Loss of earnings during treatment Rs.66,000; Conveyance charges Rs.10,000; Loss of future earnings Rs.6,93,000; Future medical expenses Rs.2,50,000; Loss of amenities Rs.50,000